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(영문) 광주고등법원 (전주) 2015.03.31 2015노20
준사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, four years of suspended execution, etc.) is too unhued and unreasonable.

B. Although there are no special circumstances to prevent disclosure or notification of the personal information of the defendant involved in such exemption from disclosure or notification order, it is improper for the court below to impose an order to disclose or notify the defendant's personal information on the contrary.

2. Determination

A. The Defendant’s crime of this case regarding the assertion of unfair sentencing is inevitable to punish the Defendant on the grounds that the Defendant’s crime of this case committed sexual intercourse and indecent act against the victim with intellectual disability, thereby compelling sexual trafficking, and also led to the acquisition of money and the theft of property by using the state of intellectual disability, and not only is the crime and the nature of the crime is very heavy and bad, but also is highly likely to be socially criticized.

However, on the other hand, the fact that the defendant confessions the crime of this case and seriously reflects the defendant, that the defendant agrees with the victim, that the victim does not want the punishment, that the husband of the victim wants to leave the defendant before the defendant, that the defendant has no criminal punishment power imposed for the same crime, that the defendant is currently married with his spouse, that the defendant is living separately from his/her spouse, and that he/she raises his/her father in the second grade of high school due to negligence, etc., shall be considered as favorable to the defendant.

In light of the above various circumstances, there is no change in special circumstances that could vary in the sentence of the court below. In addition, in full view of the following conditions, such as Defendant’s age, character and conduct, environment, motive or background of the crime, means and method of the crime, contents and result of the crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, the sentence imposed by the court below against Defendant is too uneasible and unreasonable.

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